HARI PRASAD SINGH Vs. STATE OF WEST BENGAL
LAWS(SC)-1990-7-27
SUPREME COURT OF INDIA
Decided on July 17,1990

HARI PRASAD SINGH Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

HARI PRASAD SINGH VS. STATE OF WEST BENGAL [REFERRED TO]



Cited Judgements :-

HARI PRASAD SINGH VS. STATE OF WEST BENGAL [LAWS(SC)-1990-7-27] [REFERRED TO]


JUDGEMENT

- (1.)Special leave granted.
(2.)In the impugned judgment of the division bench wherein the present appellants were the respondents, on the question of materials to prove their appointments as school teachers, it has been observed:
"The case of the respondents depends entirely on a finding favourable to them on this point, since the question of recommendation and approval may arise only after the factum of appointment of the respondents has been satisfactorily (shown). Strange to say, however, the respondents did not produce any material whatsoever to establish that they had really been appointed as teachers by the Managing Committee of the schools concerned. They could have also produced other papers such as register of the schools concerned showing that they had actually served those schools and received their salaries from those schools; for, it is inconceivable that they taught in these schools since the seventies without getting anything by way of remuneration for their efforts. To our specific question in this regard, the learned advocate for the respondents informed us that appointment letter and such other papers were lying with the records of the three earlier writ cases viz. , C. R. 384 (W) of 1983 C. O. 3694 (W) of 1983 and C. O. 9695 (W) of 1983. He also assured us that he would call for the records of the three writ cases to satisfy us on this point. He did not, however, make any such effort. The result is, there is nothing before us at present to show that the respondents had actually been appointed by the Managing Committees of the Schools concerned. "

(3.)The appellants have produced before us in original the appointment letters said to have been issued to the appellants by authorities of the respective schools. The appellants also contend that this question was not in issue before the Division bench. Even if that was so, since the division bench has based its judgment entirely on this fact and the appointment letters are now being produced before us, we feel that the materials should now be placed before the division bench of the High court so that a correct decision can be taken based on these letters and other relevant materials that may be produced by the parties. Mr D. N. Mukherjee, learned counsel appearing for the State of West Bengal submits that the Managing Committees of the schools at the relevant time did not have the authority to make the appointment. The appellants' reply thereto is that this question was never raised before the High court. We are not expressing any opinion on these contentions. It will be open for the parties to raise these contentions before the High court at the appropriate time. We accordingly set aside the impugned judgment and remand the case to the High court for decision in accordance with law. The parties will appear before the High court on 7/08/1990 for direction and orders. The appeal is disposed of accordingly. We make no order as to costs.
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